HomeMy WebLinkAboutresolution.council.021-25RESOLUTION 4021
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND FINISHING TOUCH DIRT WORX AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
volleyball sand replacement at Koch Park, between the City of Aspen and
Finishing Touch Dirt Worx, a true and accurate copy of which is attached hereto as
Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
volleyball sand replacement at Koch Park, between the City of Aspen and
Finishing Touch Dirt Worx, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute said agreement on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25th day of February 2025.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, February 25, 2025.
Nicole Henning, City�Clerk
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CITY OF ASPEN
STANDARD CONTRACT FOR CONSTRUCTION
Project # 2024-504 e CS1361374
THIS CONTRACT, made and entered into on the 5th of February, 2025, by and
between the CITY OF ASPEN, Colorado, hereinafter called the "City", and
Finishing Touch Dirt Worx hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein
contained, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereto hereby agree as
follows:
1. Construction of Project. Contractor agrees to furnish ail labor, materials,
tools, machinery, equipment, temporary utilities, transportation, and any other
facilities needed therefor, and to complete in a good, workmanlike and
substantial manner the Project as described in the Scope of Work and/or
Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully
set forth (the "Project").
2. Plans and Specifications, Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or
Proposal appended hereto for the same approved in writing by the parties hereto.
The Project shall also be constructed and completed in strict compliance with all
laws, ordinances, rules, regulations of all applicable governmental authorities,
and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including
fihe approval requirements of Section 4-08-040. Contractor shall apply for and
obtain all required permits and licenses and shall pay all fees therefor and all
other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and Contracts
herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum
not to exceed ($138,691.98) DOLLARS or as shown on Exhibit "A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to
substantially complete the same not later than May 30th, 2025, subject to such
delays as are permissible under the "Extension of Time for Completion" section
of this Contract.
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5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor, machinery, equipment or any other service or
facility used in connection with or arising out of the Project and shall obtain
periodic releases from all subcontractors and material suppliers supplying labor
or materials to the Project concurrently with Contractor's delivering any payment
to such subcontractors and material suppliers. Contractor shall indemnify and
hold City and City's officers, employees, agents, successors and assigns free
and harmless against all expenses and liability suffered or incurred in connection
with the claims of any such subcontractors or material suppliers, including but not
limited to court costs and attorney's fees resulting or arising therefrom; provided
that Contractor shall be excused from this obligation to the extent that City is in
arrears in making the payments to Contractor. Should any liens or claims of lien
be filed of record against the Property, or should Contractor receive notice of any
unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be
released of record, or shall furnish City with the proper indemnity either by title
policy or by corporate surety bond in the amount of 150% of the amount claimed
pursuant to such lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from
subcontractors and material suppliers and copies of all bills paid to such date,
properly receipted and identified, covering work done and the materials furnished
to the Project and showing an expenditure of an amount not less than the total of
all previous payments made hereunder by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or
Scope of Work appended hereto as Exhibit "A" are intended to supplement one
another. Contract Documents shall also include General Conditions for
Construction Contracts and Special Conditions appended hereto. However, in
case of conflict this Contract for Construction shall control.
8. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty
to do so, and the same shall in no way affect or make void this Contract; but the
amount thereof shall be amortized over the remaining term of this Contract and
added to or deducted, as the case may be, from the payments set forth in
Paragraph 3 above by a fair and reasonable valuation, based upon the actual
cost of labor and materials. This Contract shall be deemed to be completed
when the work is finished in accordance with the original Proposal or Scope of
Work as amended or modified by such changes, whatever may be the nature or
the extent thereof. The rule of practice to be observed in fulfillment of this
paragraph shall be that, upon the demand of either City or Contractor, the
character and valuation of any or all changes, omissions or extra work shall be
agreed upon and fixed in writing, signed by City and Contractor, prior to
performance.
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9. Contractor's Failure to Perform. Should Contractor, at any time during the
progress of the work, refuse or fail to supply sufficient material or workmen for
the expeditious progress of said work or fail to perform any other provisions of
this Contract, City may, upon giving notice in writing to Contractor as provided
herein and upon Contractor's failure to remedy any such failure within 3 days
from receipt of such notice, terminate this Contract and provide the necessary
material and workmen to finish the work and may enter upon the Property for
such purpose and complete said work. The expense thereof shall be deducted
from the payments remaining under Paragraph 3 above, or if the total cost of the
work to City exceeds the amount of such remaining payments, Contractor shall
pay to City upon demand the amount of such excess in addition to any and all
other damages to which City may be entitled. In the event of such termination,
City may take possession of all materials, equipment and appliances belonging
to Contractor upon or adjacent to the Property upon which said work is being
performed and may use the same in the completion of said work. Such
termination shall not prejudice or be exclusive of any other legal rights which City
may have against Contractor.
10. Extension of Time for Completion. Time is of the essence of this Contract
and Contractor shall substantially complete the work during the time provided for
herein. However, the time during which Contractor is delayed in said work by (a)
the acts of City or its agents or employees or those claiming under Contract with
or permission from City, or (b) the acts of God which Contractor could not have
reasonably foreseen and provided against, or (c) unanticipated stormy or
inclement weather which necessarily delays the work, or (d) any strikes, boycotts
or obstructive actions by employees or labor organizations and which are beyond
the control of Contractor and which it cannot reasonably overcome, or (e) the
failure of City to make progress payments promptly, shall be added to the time
for completion of the work by a fair and reasonable allowance. Contractor
recognizes, however, that the site of the work is in the Rocky Mountains at a high
elevation where inclement whether conditions are common. This fact has been
considered by Contractor in preparing its Proposal and or agreeing to the Scope
of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as
provided in this Contract. In the event of such nonpayment, Contractor may keep
the job idle until all payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the
Project, shall proceed to inspect the work site and all visible conditions and that
if, at the time of inspection therefor, the Contractor finds that the proposed work
is at variance with the conditions indicated by the Proposal, Scope of Work, or
information supplied by City, or should Contractor encounter physical conditions
below the surface of the ground of an unusual nature, differing materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in this Contract or inherent in a work site located in the
Rocky Mountains, Contractor shall so notify City, and City shall at that time have
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ne rignt and option to immediately cancel and terminateor to
nstruct Contractor to continue the work and add the additional amount
ttributable to such unforeseen• • • • the payments • - Contractor as set
orth above.
It is agreed that in the event of any cancellation by City in accordance with this
section, Contractor shall be paid the actual costs of the work done prior to the
time of cancellation. In computing such costs, building permit fees, insurance
and such financing and title charges as are not refundable shall be included;
provided that supervision time, office overhead and profit shall not be included in
such costs to be refunded to Contractor by reason of such cancellation.
12. Acceptance by Cit rL. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any
work done up to the time of such payment or occupancy, but the entire work is to
be subject to the inspection and approval of City at the time when Contractor
notifies City that the Project has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the
Project a Notice of Completion. If City fails to so record the Notice of Completion
within said five (5) day period, City hereby appoints Contractor as City's agent to
sign and record such Notice of Completion on City's behalf. This agency is
irrevocable and is an agency coupled with an interest. Contractor agrees upon
receipt of final payment to release the Project and property from any and all
claims that may have accrued against the same by reason of said construction.
If Contractor faithfully performs the obligations of this Contract on its part to be
performed, it shall have the right to refuse to permit occupancy of any structures
by City or City's assignees or agents until the Notice of Completion has been
recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to
mutual Contract of City and Contractor under the provisions of Paragraph 3
above.
14. Indemnification. Contractor agrees to indemnify and hold harmless the City,
its officers, employees, insurers, and self-insurance pool, from and against all
liability, claims, and demands, on account of injury, loss, or damage, including
without limitation claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever,
which arise out of or are in any manner connected with this contract, to the extent
and for an amount represented by the degree or percentage such injury, loss, or
damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the wrongful act, omission, error, contractor error, mistake, negligence, or
other fault of the Contractor, any subcontractor of the Contractor, or any officer,
employee, representative, or agent of the Contractor or of any subcontractor of the
Contractor, or which arises out of any workmen's compensation claim of any
employee of the Contractor or of any employee of any subcontractor of the
Contractor. The Contractor agrees to investigate, handle, respond to, and to
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provide defense for and defend against, any such liability, claims or demands at the
sole expense of the Contractor, or at the option of the City, agrees to pay the City or
reimburse the City for the defense costs incurred by the City in connection with, any
such liability, claims, or demands. If it is determined by the final judgment of a court
of competent jurisdiction that such injury, loss, or damage was caused in whole or
in part by the act, omission, or other fault of the City, its officers, or its employees,
the City shall reimburse the Contractor for the portion of the judgment attributable to
such act, omission, or other fault of the City, its officers, or employees.
15. Insurance.
a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Contractor pursuant to the
terms of this Contract. Such insurance shall be in addition to any other
insurance requirements imposed by this contract or by law. The Contractor
shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract by reason of its failure to
procure or maintain insurance, or by reason of its failure to procure or
maintain insurance in sufficient amounts, duration, or types.
b. Contractor shall procure and maintain and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages
listed in the Supplemental Conditions. If the Supplemental Conditions do not
set forth minimum insurance coverage, then the minimum coverage shall be
as set forth below. Such coverage shall be procured and maintained with
forms and insurance acceptable to City. All coverage shall be continuously
maintained to cover all liability, claims, demands, and other obligations
assumed by the Contractor pursuant to the terms of this Contract. In the
case of any claims -made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous
coverage.
1. Worker's Compensation insurance to cover obligations
imposed by applicable laws for any employee engaged in the performance
of work under this contract, and Employers' Liability insurance with minimum
limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE
MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE
MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of
qualified self -insured status may be substituted for the Worker's
Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum
combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each
occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate.
The policy shall be applicable to all premises and operations. The policy
shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for
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ontractuai ancl employee blanKet contractual, independent
ontractors, products, and completed operations. The policy shall include
overage for explosion, collapse, and underground hazards. The policy shall
ontain a severabilityof • •
W • - • •• C•
ombined single limits for bodily injury and property damage of not less than
•NE MILLIONDOLLARS L 111 111 11 occurrence and TWO
ILLION DOLLARS 111 111 11 aggregate •- to each
• . o owned, hired and noowned vehicles assigned to or
erformance of the services. The policy shall contain a severability of
iterests provision, no owned automobiles,the
-�i mentsof • be met by employee
ontractor providing • the City undercontract,
c. Except for any Contractor Liability insurance that may be required, the policy
or policies required above shall be endorsed to include the City of Aspen
and the City of Aspen's officers and employees as additional insureds. Every
policy required above shall be primary insurance, and any insurance carried
by the City of Aspen, its officers or employees, or carried by or provided
through any insurance pool of the City of Aspen, shall be excess and not
contributory insurance to that provided by Contractor. No additional insured
endorsement to the policy required above shall contain any exclusion for
bodily injury or property damage arising from completed operations. The
Contractor shall be solely responsible for any deductible losses under any
policy required above.
d. The certificate of insurance provided to the City of Aspen shall be completed
by the Contractor's insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full force and
effect, and shall be reviewed and approved by the City of Aspen prior to
commencement of the contract. No other form of certificate shall be used.
The certificate shall identify this contract and shall provide that the coverage
afforded under the policies shall not be canceled, terminated or materially
changed until at least thirty Q) days prior written notice has been given to
the City of Aspen.
e. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation
against the City of Aspen, it being the intention of the parties that the
insurance policies so effected shall protect all parties and be primary
coverage for any and all losses covered by the above -described insurance.
To the extent that the City's insurer(s) may become liable for secondary or
excess coverage, the City's underwriters and insurers shall have no right of
recovery or subrogation against the Contractor.
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The insurance companies issuing the
recourse against the City of Aspen for
assessments under any form of policy.
policy or policies shall have no
payment of any premiums or for
Any and all deductibles in the above -described insurance policies shall be
assumed by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work
in connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the
Architect at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Contract or thereafter.
f. Failure on the part of the Contractor to procure or maintain policies providing
the required coverage, conditions, and minimum limits shall constitute a
material breach of contract upon which City may immediately terminate this
contract, or at its discretion City may procure or renew any such policy or
any extended reporting period thereto and may pay any and all premiums in
connection therewith. All moneys so paid by City shall be repaid by
Contractor to City upon demand, or City may offset the cost of the premiums
against moneys due to Contractor from City.
g. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Termination by the Owner for Convenience.
addition to the provisions of termination set forth in the General
Conditions, the Owner may, at any time, terminate the Contract for the
Owner's convenience and without cause.
b. Upon receipt of notice from the Owner of such termination for the Owner's
convenience, the Contractor shall
(1) cease operations as directed by the Owner in the notice.
(2) take actions necessary, or that the Owner may direct, for the
protection and preservation of the Work.
and
(3) except for Work directed to be performed prior to the effective date of
termination stated in the notice, terminate all existing subcontracts and
purchase orders and enter into no further subcontracts and purchase
orders.
c. In case of such termination for the Owner's convenience, the Owner shall
pay the Contractor for Work properly executed; costs incurred by reason
of the termination, including costs attributable to termination of
Subcontracts; and the termination fee, if any, set forth in the Agreement.
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Iffamage or- Destruction. It the Project is destroyed or damaged by any
ccident or disaster, such as fire, storm, flood, landslide, earthquake,
ubsidence, theft or vandalism, any work done by Contractor in rebuilding or
estoring the work shall be paid for by City as extra work under Paragraph 8
bove. If, however, the estimated cost of replacement of the work already
ompleted by Contractorexceeds 1'• percent of insured
sum set
orth in Paragraph 15 above, City shall have the option to cancel this Contract
nd, in such event, Contractor shall be paid the reasonable cost including net
•rofit to Contractor• 0%percent,of • performed by
ontractor before such cancellation.
ny other party shall be • and may be personally delivered or given •
nade by United States mail addressed as follows:
T®city:
City of Aspen
iuWjOr41ML%OJ[G •
.... • :.:.. ......-
■ • •
arbondale,CO 81623
subject to the right of either party to designate a different address for itself by
notice similarly given. Any notice so given, delivered, or made by United States
mail, shall be deemed to have been given the same day as transmitted by
telecopier or delivered personally, one day after consignment to overnight courier
service such as Federal Express, or two days after the deposit in the United
States mail as registered or certified matter, addressed as above provided, with
postage thereon fully prepaid.
19. Inspections; Warranties.
a. Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
b. Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior
to acceptance. The costs of material and/or labor incurred in connection with
such corrective activities shall not be reimbursed or otherwise paid to
Contractor.
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c. Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
20. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of
Colorado, and if applicable, in the County of Pitkin.
21. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in or be construed as
establishing an employment relationship. The Contractor shall be, and shall perform
as, an independent the Contractor who agrees to use his best efforts to provide the
Work on behalf of the City. No agent, employee, or servant of the Contractor shall
be, or shall be deemed to be, the employee, agent, or servant of the City. The City
is interested only in the results obtained under the Contract Documents. The
manner and means of conducting the Work are under the sole control of the
Contractor. None of the benefits provided by the City to its employees including, but
not limited to, worker's compensation insurance and unemployment insurance, are
available from the City to the employees, agents, or servants of the Contractor. The
Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, employees, servants, and subcontractors during the
performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS
EARNED PURSUANT TO THE CONTRACT.
22. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign
this Contract or its
responsibilities under this Contract nor subcontract
responsibilities under this Contract, and any attempt to
constitute a material breach of this Contract.
� others its
do so shall
rights and
rights and
e void and
23. Successors and Assigns. Subject to paragraph 22, above, this Contracfi
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
24. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior
Contracts between City and Contractor respecting such matters.
25. Waivers. No waiver by City or Contractor of any default by the other or of
any event, circumstance or condition permitting either to terminate this Contract
shall constitute a waiver of any other default or other such event, circumstance or
condition, whether of the same or of any other nature or type and whether
preceding, concurrent or succeeding; and no failure or delay by either City or
Contractor to exercise any right arising by reason of any default by the other shall
prevent the exercise of such right while the defaulting party continues in default,
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t no waiver •" any cletault snall operate as a waiverot any other detault or
modificationof • _.
'ontract shall be
exclusive of any other remedy herein or by law provided
ermitted, but each shall be cumulative and shall be in addition to every oth
ccordance with, the laws of the State of Colorado. Venue for any action at law
• -• •^ Pitkin County.
attorneys'roceeding to enforce any right, remedy or provision contained in this Contract,
he prevailing party in such action shall be entitled to receive its
onnection with such actionfrom - nog party.
noperative, unenforceable or invalid shall be inoperative, unenforceable
Irovisi
nvalid without affecting the remaining provisions, and to this end the provisionj
f this Contract are declared to be severable.
30. Nondiscrimination. During the performance of this Contract, the Contractor
agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age,
marital status, sexual orientation, being handicapped, a disadvantaged person, or a
disabled or Vietnam era veteran. The Contractor will take affirmative action to
insure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, national origin, sex,
age, sexual orientation, handicapped, a disadvantaged person, or a disabled or
Vietnam era veteran. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
Any business that enters into a contract for goods or services with the City of
Aspen or any of its boards, agencies, or departments shall:
a. Implement an employment nondiscrimination policy prohibiting
discrimination in hiring, discharging, promoting or demoting,
matters of compensation, or any other employment -related decision
or benefit on account of actual or perceived race, color, religion,
national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or
marital or familial status.
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b. Not discriminate in the performance of the contract on account of
actual or perceived race, color, religion, national origin, gender,
physical or mental disability, age, military status, sexual orientation,
gender identity, gender expression, or marital or familial status.
The foregoing provisions shall be incorporated in all subcontracts hereunder.
31. Prohibited Interest. No member, officer, or employee of the City of Aspen,
Pitkin County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of
I nterest:
a. The Contractor warrants that no person or selling agency has been
employed or retained to solicit or secure this Contract upon a Contract or
understanding for a commission, percentage, brokerage, or contingency fee,
excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Contractor for the purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or
a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory
capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Contract or to any
solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract
to the prime Contractor or higher tier Subcontractor or any person associated
therewith, as an inducement for the award of a Subcontract or order. The
Contractor is prohibited from inducing, by any means, any person employed under
this Contract to give up any part of the compensation to which he/she is otherwise
entitled. The Contractor shall comply with all applicable local, state and federal
"anti -kickback" statutes or regulations.
33. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an
obligation by the City beyond any amounts that may be, from time to time,
appropriated by the City on an annual basis. It is understood that payment under
any contract is conditional upon annual appropriation of funds by said governing
body and that before providing services, the Contractor, if it so requests, will be
advised as to the status of funds appropriated for services or materials and shall
not be obligated to provide services or materials for which funds have not been
appropriate.
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Mm
f its terms, provisions, conditions, representations, or covenants can be
nodified,changed, terminated, or •^• waived, superseded or •
xcept by appropriate written instrument fully executed by the parties.
other
nenforceable it shall not affect or impair the validity, legality, or enforceability of
provision,
mendments hereto may be executed in several counterparts, each of which
hall be deemed an original, and all of which together shall constitute one
greement binding on the Parties, notwithstanding the possible event that all
arties may not have signed the same counterpart, Furthermore, each Party
onsents to the use of electronic signatures by either Party. The Scope of Work,
i • is • ' documents requiring . signature hereunder, may • - signed
lectronically in the manner agreed to by the Parties. The Parties agree not to
eny the legal effect or enforceability of the Agreement solely because it is in
I its
lectronic form or because an electronic record was used in I formation. The
arties agree not to object to the admissibility of the Agreement in the form of an
lectronic record, or a paper copy of an electronic documents, or a paper copy of
document bearing an electronic signature, on the ground that it is an electronic
cord or electronic signature or that it is not in its original form or is not an
•inginal.
[X] See attached Exhibit A.
[ ] See attached Technical Specifications.
Page: 12 Updated:10/2024
Docusign Envelope ID: DD3EE52D-8C1A-465B-BDCF-8556555C2595
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract
for Construction on the date first above written.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
Signed by:
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lam, Fbs y
FAC n�9,M047n
[Signature]
Diane Foster
�y:
Deputy City Manager
Title:
®at@:
2/26/2025
Titl@:
111:49:09 AM MST
®ate:
Signed by:
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432FOA40A55C4BD...
City Attorneys Office
Signed by:
SG 5WU"
Besse schoeller
owner
2/10/2025 � 5:40:49 AM MST
Page: 13 Updated:10/2024
January 31th, 2024
P.O. Box 35
Carbondale CO, 81623
www.finishingtouchdirtworx.com
jesse@finishingtouchdirtworx.com
Cell: 970-618-2860
Proposal for:
City of Aspen
2025-504 Koch Park Volleyball
Sand Replacement
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
Dear City of Aspen,
Pursuant to the invitation by the City of Aspen, Finishing Touch Dirt Worx is pleased to
present our proposal and accompanying bid for the proposed 2025-504 Koch Park Volleyball Sand
Replacement project. Our proposal and bid has been prepared from the plans provided on Bidnet
Direct.
Please consider the following clarifications and conditions which are integral to our bid:
Introduction:
Finishing Touch Dirt Worx has been in business since 2017. Our initial focus was in the
private sector but in the last few years we have seen the need to provide our local communities
with quality work. We pride ourselves on safety, communication and workmanship. It is our
intent to remain a smaller company, this allows us to have a more focused and directed approach
to each project. You will find the Owner (myself) on each project every day. This allows us to
work more efficiently, have aggressive and fast paced timelines, and ensure a great finished
product. We hope you will consider us for this project and future projects to come.
- Jesse Schoeller (970)-618-2860 - jesse@finishingtouchdirtworx.com
Qualifications and Experience:
● Finishing Touch Dirt Worx has been in business since 2017 completing various civil
projects and residential projects. Work including but not limited to, deep utilities,
shallow utilities, foundation excavation, retaining wall installation, asphalt installation,
curb prep, sidewalk prep, underground storm retention systems, fire suppression tank
installation, road grading, etc.
● In 2024, we successfully completed multiple projects with the City of Glenwood Springs
ranging from large stormwater installation to finished landscape.
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
Approach to Project/Schedule:
- 4/15/25 - Mobilize and establish a safe a secure site. Install construction/chain link
fencing. Insall protection of trees, existing volleyball features to remain, and storm
inlet protection. We will remove the section of existing fence and protect onsite. At
this time, we will have a private utility locator verify that the site is clear of any
utility conflicts.
- 4/18/25 – Installation of tracking pad. We have included the use of a FODS tracking
mat at the entrance to the site. In addition to the mat, we propose to install 1-1/2”
screened rock from the edge of the FODS mat to the edge of the volleyball court.
This will help us insure that material in not tracked into the street.
- 4/21/25 – Begin removal of sand/soil. We will utilize tandem dump trucks for this
process. We will provide a flagger to facilitate trucks/traffic in and out of the jobsite.
During this phase we will complete the necessary grading and establishment of
dimensions and subgrade.
- 4/28/25 – Begin installation of fabric and court edging.
- 4/30/25 – Installation of sand. We propose the use of ASTM C-144 Washed Sand
from the Carbondale WSM pit. A gradation of the sand is included for your review. If
a different type of sand is desired, we are more than happy to work with you. Tandem
dump trucks will be used and traffic control will be provided. Sand will be installed
per plans at a minimum depth of 18”.
- 5/7/25 – Landscaping phase. We anticipate approximately (4,000ft2) of disturbed
area. We have included all necessary aspects to complete this phase. Due to local sod
farms no longer producing their own sod, we will most likely have sod imported from
Rivendell Distribution, Inc.
- 5/12/25 – Clean up begins.
- 5/14/25 – Completion of project. Finishing Touch Dirt Worx’s crew will play a game
of volleyball.
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
References:
Matthew Langhorst Public Works Director - City of Glenwood Springs
970-379-9847 Matthew.langhorst@cogs.us
Mike Yeats Form 44 Construction - Project Manager
435-730-6108 mike@form44construction.com
Tyler Carvell
Assistant Solid Waste Director - Pitkin County Landfill
970-309-2787 Tyler.Carvell@pitkincounty.com
Schedule and anticipated fees:
- Finishing Touch Dirt Worx plans to invoice in full at completion of project.
- Upon final acceptance of completion by the City of Aspen, Finishing Touch Dirt
Worx asks that the city release the bonds and does not hold them for the (2) years
stated in the RFP. This is integral to our proposal as our bonding capabilities are
critical to achieving our goal of serving our communities. If this is not an option,
we will unfortunately void our proposal.
- Detailed schedule provided with approach to project.
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
Thank you for considering Finishing Touch Dirt Worx for your project needs. We look forward
to any questions that you may have and the possibility to serve the City of Aspen. Please do not
hesitate to call me at any time with questions, comments or further needs. I am best contacted by
email at jesse@finishingtouchdirtworx.com or cell at (970) 618-2860.
Kind regards,
Jesse Schoeller
Owner
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
Unit Price Total Price
Mobilization, General Conditions + Supervision 1 LS $ 10,075.00 $ 10,075.00
Traffic and Pedestrian Control 1 LS $ 4,500.00 $ 4,500.00
Construction fencing 510 LF $ 5.50 $ 2,805.00
Chain link Fnecing 60 LF $ 41.66 $ 2,500.00
Protection of existing volleyball posts, to remain 1 LS $ 1,000.00 $ 1,000.00
Tree protection 1 LS $ 1,000.00 $ 1,000.00
Utility locates (establish and maintain)1 LS $ 1,125.00 $ 1,125.00
$ 23,005.00
Unit Price Total Price
Inlet Protection 1 LS $ 1,000.00 $ 1,000.00
Vehicle Tracking Control 1 LS $ 4,500.00 $ 4,500.00
$ 5,500.00
Unit Price Total Price
Remove sections of existing fence, protect on site, reinstall 1 LS $ 1,500.00 $ 1,500.00
Remove existing sand, soil and or subgrade to 18” depth.555 CY $ 53.24 $ 29,549.00
Grading at volleyball court edges.1 LS $ 3,000.00 $ 3,000.00
Establishment of volleyball dimensions. 1 LS $ 500.00 $ 500.00
Establishment of a consistent clean subbase.1 LS $ 3,000.00 $ 3,000.00
Coordinate irrigation impacts with the Parks Department. 1 LS $ 70.00 $ 70.00
$ 37,619.00
Unit Price Total Price
Installation of court edge detail 420 LF $ 16.42 $ 6,897.50
Installation of landscpae fabric 11,000 SF $ 0.45 $ 5,037.50
installation of volleyball specific sand 555 CY $ 64.27 $ 35,670.00
Shipping of volleyball specific sand n/a $ -
$ 47,605.00
The contractor shall furnish all labor, materials, equipment and provide shipping necessary to complete installation of the volleyball sand as shown on the bid
drawings. Refer to bid drawings and notes for additional requirements and the contractor's responsibilities. The contractor is responsible for verifying all
quantities. Substitutions are not accepted at this time. Replacements required by warranty are not limited in number.
BID DATE:
Volleyball Courts
Bid Item Quantity
Volleyball Courts Subtotal:
Demolition & Earthwork Subtotal:
ITEMIZED UNIT COST BID FORM
Total unit costs for materials, installation, and labor for the installation, and “one year warranty” of items shown below.
City of Aspen - Parks and Open Space
Finishing Touch Dirt Worx
Quantity
Koch Park Volleyball Courts
BIDDER'S NAME:
The unit cost for work shall include furnishing all labor, materials, and equipment necessary to complete the bid items. Mobilization, and traffic and
pedestrian control shall be provided for all scopes of work for the duration of the project, and include demobilization for all scopes of work at the end of the
project. The contractor shall be responsible for site construction fencing and removing all above and below ground elements as required to complete the
proposed site work.
1/31/2025
Demolition & Earthwork
The unit cost for work shall include furnishing all labor, materials, and equipment necessary to complete earthwork on-site as shown on the Contract
Documents. This includes, but is not limited to excavating, stockpiling, and hauling excavated material off site, placing, reworking, and compacting fill material
in lifts; and removing and exporting deleterious materials. Refer to plan specifications and notes for additional requirements and the contractor's
responsibilities. Contractor is responsible for verifying all quantities. The Parks Department will adjust the irrigation system, however, impacts must be
identified by the Contractor, coordinated and scheduled with the Parks Department beforehand.
Bid Item Quantity
Bid Item
General Conditions + Mobilization
Erosion Control
The unit cost for work shall include furnishing all labor, materials, and equipment necessary to complete the bid items. Erosion control shall be provided for
the duration of the project, and include installation, maintenance, and removal.
General Conditions + Mobilization Subtotal:
Erosion Control Subtotal:
Quantity
Bid Item
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
Unit Price Total Price
Perimeter of volleyball court 6 EA $ 478.46 $ 2,870.76
Construction access routes 3 EA $ 478.66 $ 1,435.98
Any areas impacted during construction 21 EA $ 478.61 $ 10,051.86
$ 14,358.60
Unit Price Total Price
Bid Bond: In the amount of 5% of the total bid price.1 EA $ 6,404.38
Performance Bond : Based on 100% of the contract price and held
for two (2) years).
1 EA $ 2,100.00
Payment Bond: Based on minimum of 50% or max 100% of the
contract price and held for two (2) years).
1 EA $ 2,100.00
$ 10,604.38
Summary
$ 23,005.00
Erosion Control $ 5,500.00
Demolition & Earthwork $ 37,619.00
Volleyball Courts $ 47,605.00
Turf Lawn Repair $ 14,358.60
Bonding $ 10,604.38
$ 138,691.98
1. This project is not tax exempt.
2. Permits and fees are by contractor.
3. Demolition and haul off of debris and spoils to be provided by contractor and included with associated scope of work as noted.
4. All pricing to be based off of current standard labor rates. Overtime and expedited incentives are not to be expected.
Turf Lawn Repair
Quantity
The contractor shall furnish all labor, materials, and equipment necessary to complete turf lawn installation, including removal of impacted turf, topsoil fine
grading and sod. Replacements required by warranty are not limited in number. At time of final acceptance all plant material must be in good health and
have an acceptable appearance.
Bid Item
GRAND TOTAL:
Turf Lawn Repair Subtotal:
General Conditions + Mobilization
Notes:
Bonding
The contractor shall obtain bid, performance and payment bonds. Bidders can present an alternative approach to bonding for City review and consideration.
Bid Item Quantity
Bonding Subtotal:
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
BP1-971.doc *BP1
Page 1
__________________
JS
BID PROPOSAL FORM
PROJECT NO.: 2024-504
BID DATE: Bids close January 24, 2025 by 2:00PM
PROJECT: Koch Park Volleyball Sand Replacement
PROPOSAL SUBMITTED BY: Finishing Touch Dirt Worx
CONTRACTOR
CONTRACTOR’S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good
faith, without collusion or connection with any other person or persons bidding for the same
work, and that it is made in pursuance of and subject to all the terms and conditions of the
advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid
documents including the plans and specifications for this bid, all of which have been read and
examined prior to signature. The bidder agrees to keep this bid open for Sixty (60)
consecutive calendar days from the date of bid opening.
The Contractor agrees that construction shall start as indicated in the scope of work.
Submission of this proposal will be taken by the City of Aspen as a binding covenant that the
Contractor will finish construction within the time specified in the Special Conditions of this
contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most
favorable to the City, to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work
required for successful completion of the project. All work not specifically set forth as a pay
item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
BP1-971.doc *BP1
Page 2
__________________
JS
connection therewith shall be included in the prices bid for the various items of work. Prices
shall include all costs in connection with furnishing the proper and success completion of the
work, including furnishing all materials, equipment and tools, and performing all labor and
supervision to fully complete the work to the City’s satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be
removed immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only
as a basis for estimating the probable cost of work and for the purpose of comparing the bids
submitted to the City. The basis of payment shall be the actual amount of materials furnished
and work done. The Contractor agrees to make no claims for damages, anticipated profit, or
otherwise on account of any differences between the amount of work actually performed and
materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis
of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid.
By signing this document, Contractor certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s) numbered 1 through 1 .
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D
BP1-971.doc *BP1
Page 3
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JS
ESTIMATED QUANTITY LIST
Please fill out Exhibit D-Koch Park Volleyball Bid Tabs and attach.
Total Bid in Numbers: __________________
Total Bid in Words:
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids
has been reserved by the owner.
Authorized Officer: Jesse Schoeller , Title: Owner
Full name signature:
Company address: 6501 CR 170 Carbondale, CO 81623
Telephone number: 970-618-2860
Email:
________jesse@finishingtouchdirtworx.com_________________________________________
Attested by: Jacob Shilling
138,691.98
one hundred thirty eight thousand six hundred ninety one and ninety eight cents
Docusign Envelope ID: E1D87663-7DA2-4DAD-89DC-B39D61CD9C6D